[HISTORY: Adopted by the Board of Trustees of the Village of Port
Washington North by Ord. No. XIX. Amendments noted where applicable.]
The Board of Trustees of the Village of Port Washington North, upon
notice that a building or structure, from any cause, may now be or shall become
dangerous or unsafe to the public, shall cause the Building Inspector or,
in his absence, another official of the Village to make an inspection of said
building or structure and report his findings concerning the same to the Board
of Trustees. Upon receiving such direction from the Board of Trustees, said
official shall immediately make the inspection and report.
If, upon a review of the report made to it by said Village official,
the Board of Trustees shall find that the said building or structure is or
shall become dangerous or unsafe to the public, it shall cause a notice to
be served on the owner or some one of the owner's executors, legal representatives,
agents, lessees or any other person having a vested or contingent interest
in the premises where such building or structure is located, as shown by the
records of the Receiver of Taxes and/or in the office of the County Clerk,
requiring the building or structure to be made safe and secure or removed.
Such notice shall contain a description of the premises, a statement
of the particulars in which the building or structure is unsafe or dangerous
and an order requiring the same to be made safe and secure or removed. The
notice shall specify a time within which the person served with such notice
may commence and complete the securing or removal of the building or structure
as specified in said notice. The notice shall state that in the event of neglect
or refusal of the person served with the notice to comply with same, a survey
of the premises will be made by an official of the Village and a practical
builder, engineer or architect to be named by the Board of Trustees and a
practical builder, engineer or architect appointed by the person notified,
and in the event of refusal or neglect of the person so notified to appoint
such surveyor, two surveyors named by the Board of Trustees shall make the
survey and report to the Board of Trustees. The notice shall further state
that, in the event that the building or other structure shall be reported
unsafe or dangerous under such survey, an application will be made at a special
term of the Supreme Court in the judicial district in which the property is
located, not less than five nor more than 10 days thereafter, for an order
determining the building or structure to be a public nuisance and directing
that it be repaired and secured or taken down and removed.
Such notice may be served either personally or by registered mail, addressed
to the last known address, if any, of the owner or some one of the owner's
executors, legal representatives, agents, lessees or other persons having
a vested or contingent interest in the premises as hereinbefore specified,
provided however, that if such service be made by registered mail, a copy
thereof shall also be posted on the premises where the specified building
or structure is located.
In the event of the neglect or refusal of the person served with the
notice to comply with the same, the Board of Trustees shall cause a survey
to be made by an official of the Village and a practical builder, engineer
or architect to be named by the Board of Trustees and a practical builder,
engineer or architect appointed by the person served with the above notice,
and in the event of the refusal or neglect of the person served with such
notice to appoint said practical builder, engineer or architect, two surveyors
named by the Board of Trustees shall make the survey and report.
A signed copy of the report of the survey shall be posted on the building.
In the event the building or other structure shall be reported unsafe
or dangerous under such survey, an application shall be made at a special
term of the Supreme Court in the judicial district in which the property is
located, not less than five nor more than 10 days thereafter, for an order
determining the building or other structure to be a public nuisance and directing
that it shall be repaired and secured or taken down and removed.
The compensation of the surveyors shall be determined by the Village
Board of Trustees and included in the cost and expenses incurred by the Village
in connection with the proceedings taken hereunder. All costs and expenses
incurred by the Village of Port Washington North in connection with the proceedings
to remove or secure an unsafe or collapsed building or structure, including
the cost of actually removing said building or structure, shall be assessed
against the land on which said buildings or structures are located. The amount
of such cost and expense shall be determined and audited by the Village Board
of Trustees and shall be reported to the Village Assessor of the Village of
Port Washington North as an amount to be levied and assessed against the premises.
